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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4308 Introduced in House (IH)]

<DOC>

114th CONGRESS
  1st Session
                                H. R. 4308

   To establish the Commission to Study the Potential Creation of a 
National Museum of Asian Pacific American History and Culture, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 18, 2015

Ms. Meng (for herself, Ms. Bordallo, Mr. Al Green of Texas, Mr. Honda, 
Ms. Judy Chu of California, and Mr. Ted Lieu of California) introduced 
  the following bill; which was referred to the Committee on Natural 
 Resources, and in addition to the Committee on House Administration, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL

 
   To establish the Commission to Study the Potential Creation of a 
National Museum of Asian Pacific American History and Culture, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission to Study the Potential 
Creation of a National Museum of Asian Pacific American History and 
Culture Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the 
        Commission to Study the Potential Creation of a National Museum 
        of Asian Pacific American History and Culture established by 
        section 3(a).
            (2) Museum.--The term ``Museum'' means the National Museum 
        of Asian Pacific American History and Culture.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) In General.--There is established the Commission to Study the 
Potential Creation of a National Museum of Asian Pacific American 
History and Culture.
    (b) Membership.--The Commission shall be composed of 8 members, of 
whom--
            (1) 2 members shall be appointed by the majority leader of 
        the Senate;
            (2) 2 members shall be appointed by the Speaker of the 
        House of Representatives;
            (3) 2 members shall be appointed by the minority leader of 
        the Senate; and
            (4) 2 members shall be appointed by the minority leader of 
        the House of Representatives.
    (c) Qualifications.--Members of the Commission shall be appointed 
to the Commission from among individuals, or representatives of 
institutions or entities, who possess--
            (1)(A) a demonstrated commitment to the research, study, or 
        promotion of Asian Pacific American history, art, political or 
        economic status, or culture; and
                    (B)(i) expertise in museum administration;
                            (ii) expertise in fundraising for nonprofit 
                        or cultural institutions;
                            (iii) experience in the study and teaching 
                        of Asian Pacific American history;
                            (iv) experience in studying the issue of 
                        the representation of Asian Pacific Americans 
                        in art, life, history, and culture at the 
                        Smithsonian Institution; or
                            (v) extensive experience in public or 
                        elected service;
            (2) experience in the administration of, or the planning 
        for, the establishment of, museums; or
            (3) experience in the planning, design, or construction of 
        museum facilities.
    (d) Prohibition.--No employee of the Federal Government may serve 
as a member of the Commission.
    (e) Deadline for Initial Appointment.--The initial members of the 
Commission shall be appointed not later than the date that is 90 days 
after the date of enactment of this Act.
    (f) Vacancies.--A vacancy in the Commission--
            (1) shall not affect the powers of the Commission; and
            (2) shall be filled in the same manner as the original 
        appointment was made.
    (g) Chairperson.--The Commission shall, by majority vote of all of 
the members, select 1 member of the Commission to serve as the 
Chairperson of the Commission.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Reports.--
            (1) Plan of action.--The Commission shall submit to the 
        President and Congress a report containing the recommendations 
        of the Commission with respect to a plan of action for the 
        establishment and maintenance of a National Museum of Asian 
        Pacific American History and Culture in Washington, DC.
            (2) Report on issues.--The Commission shall submit to the 
        President and Congress a report that addresses the following 
        issues:
                    (A) The availability and cost of collections to be 
                acquired and housed in the Museum.
                    (B) The impact of the Museum on regional Asian 
                Pacific American history-related museums.
                    (C) Potential locations for the Museum in 
                Washington, DC, and its environs.
                    (D) Whether the Museum should be part of the 
                Smithsonian Institution.
                    (E) The governance and organizational structure 
                from which the Museum should operate.
                    (F) Best practices for engaging Asian Pacific 
                Americans in the development and design of the Museum.
                    (G) The cost of constructing, operating, and 
                maintaining the Museum.
            (3) Deadline.--The reports required under paragraphs (1) 
        and (2) shall be submitted not later than the date that is 18 
        months after the date of the first meeting of the Commission.
    (b) Fundraising Plan.--
            (1) In general.--The Commission shall develop a fundraising 
        plan to support the establishment, operation, and maintenance 
        of the Museum through contributions from the public.
            (2) Considerations.--In developing the fundraising plan 
        under paragraph (1), the Commission shall consider issues 
        relating to funding the operations and maintenance of the 
        Museum in perpetuity without reliance on appropriations of 
        Federal funds.
            (3) Independent review.--The Commission shall obtain an 
        independent review of the viability of the plan developed under 
        paragraph (1) and such review shall include an analysis as to 
        whether the plan is likely to achieve the level of resources 
        necessary to fund the construction of the Museum and the 
        operations and maintenance of the Museum in perpetuity without 
        reliance on appropriations of Federal funds.
            (4) Submission.--The Commission shall submit the plan 
        developed under paragraph (1) and the review conducted under 
        paragraph (3) to the Committees on Transportation and 
        Infrastructure, House Administration, Natural Resources, and 
        Appropriations of the House of Representatives and the 
        Committees on Rules and Administration, Energy and Natural 
        Resources, and Appropriations of the Senate.
    (c) Legislation To Carry Out Plan of Action.--Based on the 
recommendations contained in the report submitted under paragraphs (1) 
and (2) of subsection (a), the Commission shall submit for 
consideration to the Committees on Transportation and Infrastructure, 
House Administration, Natural Resources, and Appropriations of the 
House of Representatives and the Committees on Rules and 
Administration, Energy and Natural Resources, and Appropriations of the 
Senate recommendations for a legislative plan of action to establish 
and construct the Museum.
    (d) National Conference.--Not later than 18 months after the date 
on which the initial members of the Commission are appointed under 
section 3, the Commission may, in carrying out the duties of the 
Commission under this section, convene a national conference relating 
to the Museum, to be comprised of individuals committed to the 
advancement of the life, art, history, and culture of Asian Pacific 
Americans.

SEC. 5. DIRECTOR AND STAFF OF COMMISSION.

    (a) Director and Staff.--
            (1) In general.--The Commission may employ and compensate 
        an executive director and any other additional personnel that 
        are necessary to enable the Commission to perform the duties of 
        the Commission.
            (2) Rates of pay.--Rates of pay for persons employed under 
        paragraph (1) shall be consistent with the rates of pay allowed 
        for employees of a temporary organization under section 3161 of 
        title 5, United States Code.
    (b) Not Federal Employment.--Any individual employed under this Act 
shall not be considered a Federal employee for the purpose of any law 
governing Federal employment.
    (c) Technical Assistance.--
            (1) In general.--Subject to paragraph (2), on request of 
        the Commission, the head of a Federal agency may provide 
        technical assistance to the Commission.
            (2) Prohibition.--No Federal employees may be detailed to 
        the Commission.

SEC. 6. ADMINISTRATIVE PROVISIONS.

    (a) Compensation.--
            (1) In general.--A member of the Commission--
                    (A) shall not be considered to be a Federal 
                employee for any purpose by reason of service on the 
                Commission; and
                    (B) shall serve without pay.
            (2) Travel expenses.--A member of the Commission shall be 
        allowed a per diem allowance for travel expenses, at rates 
        consistent with those authorized under subchapter I of chapter 
        57 of title 5, United States Code.
    (b) Gifts, Bequests, Devises.--The Commission may solicit, accept, 
use, and dispose of gifts, bequests, or devises of money, services, or 
real or personal property for the purpose of aiding or facilitating the 
work of the Commission.
    (c) Federal Advisory Committee Act.--The Commission shall not be 
subject to the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 7. TERMINATION.

    The Commission shall terminate on the date that is 30 days after 
the date on which the final versions of the reports required under 
section 4 are submitted.

SEC. 8. FUNDING.

    (a) In General.--The Commission shall be solely responsible for 
acceptance of contributions for, and payment of the expenses of, the 
Commission.
    (b) Prohibition.--No Federal funds may be obligated to carry out 
this Act.
                                 <all>
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